Law of Ukraine

“On Amendments to Article 47 of the Rules of Procedure of the Verkhovna Rada of Ukraine”

Date of entry into force:
March 3, 2013.

The Rules of Procedure of the Verkhovna Rada of Ukraine (hereinafter referred to as “Rules of Procedure”) were adopted by the Law of Ukraine “On the Rules of Procedure of the Verkhovna Rada of Ukraine” N1861-VI of February 10, 2010.

The Rules of Procedure establish the procedure for preparing and holding meetings of the Verkhovna Rada of Ukraine, its meetings, and creation of state authorities, determine the legislative procedure, the procedure for reviewing other issues within the scope of its authority, and the procedure for exercising the control functions of the Verkhovna Rada of Ukraine (part 2, Article 1 of the Rules of Procedure).

The procedure for decision making by the Verkhovna Rada of Ukraine is established by Article 47 of the Rules of Procedure.

The Law presents the amended version of part 3, Article 47 of the Rules of Procedure. According to this new version, voting is carried out by a people’s deputy in person, using the electronic voting system to cast their vote “for”, “against” or “abstain”, in the session hall of the Verkhovna Rada of Ukraine, or in an area near the plenary session hall, designated for secret ballot. If, in the course of a plenary meeting, a people’s deputy discovers a violation of the personal ballot rules, namely, voting being done on behalf of another people’s deputy, the review of the respective agenda item is suspended, at their demand. The head of the plenary meeting establishes whether the respective people’s deputy is present in the Verkhovna Rada session hall, and in case of their absence, instructs the Counting Board to withdraw the card of such people’s deputy, hand it over to the head of the plenary meeting, and hold a repeat vote on the latest item brought up for voting (earlier version – “voting is done by people’s deputies in person, using the electronic voting system, in the session hall of the Verkhovna Rada of Ukraine, in a way that makes it impossible for another person to vote on behalf of  people’s deputy, or in an area near the plenary session hall, designated for secret ballot”).

The Law aims to provide legislative implementation for provisions of Article 84 of the Constitution of Ukraine, according to which voting at the meetings of the Verkhovna Rada of Ukraine is done by a people’s deputy of Ukraine in person.

Personal voting of a people’s deputy of Ukraine at the meeting of the Verkhovna Rada of Ukraine means a direct expression of their will, regardless of the means of voting. The Constitution of Ukraine does not contain any provisions that would give a people’s deputy of Ukraine the right to vote on behalf of another people’s deputy of Ukraine at the meetings of the Verkhovna Rada of Ukraine. Such a right would contradict the nature of the representative mandate of a people’s deputy of Ukraine, which is established by the Constitution of Ukraine (Resolution of the Constitutional Court of Ukraine N11-rp/98 of July 7, 1998).
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